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intellectual property protection

Intellectual property lawyer

Our Brisbane based Intellectual Property Lawyers have extensive experience working with businesses of all sizes to identify and protect and their intellectual property rights in copyright, trademarks, patents, registered designs and trade secrets.  Identifying and protecting a business’s intellectual property is the essential first step, maintaining its uniqueness and protecting and enforcing your businesses rights will involve intellectual property litigation.  We also work with businesses to protect their confidential information and trade secrets.

We understand intellectual property rich businesses because we have started them, acquired them, run them, and sold them.  With our background in successful entrepreneurial business and front-line experience in innovation and IP-led ventures, we are perfectly placed to help such businesses to effectively commercialise their IP and scale.  We get IP because we’ve lived it.  Whether you are looking to leverage your businesses intellectual property or protect it because it’s been infringed, Dundas Lawyers® has you covered.

What exactly does an IP Lawyer do?

A concise definition of ‘intellectual property’ is challenging and something that is not universally accepted.  It is thought of conceptually as a form of property that flows from intellectual activity.  That said, Intellectual Property or “IP” is much more than copyright, trademarks and patents. It encompasses law enshrined in common law, various statutes, and also includes confidential information, registered designs, the tort of passing off, misleading and deceptive conduct and plant breeder’s rights.  Related rights include exploitation of intellectual property through licensing, commercialisation and rights to register domain names.

Registered designs

At Dundas Lawyers®, we understand identifying and protecting registered designs can be critical for business success.  Dundas Lawyers® has experience identifying, enforcing and defending registered designs and has acted for businesses inside and outside of the Courtroom. What is a registered…

Continue Reading Registered designs

What is copyright?

In Australia copyright is governed by and subsists because of the Copyright Act 1968 (Cth).  Only the owner of the works in which copyright subsists, has the exclusive right to reproduce, publish and communicate it to the public.  Copyright laws seek to protect misuse of the owner’s copyright in a work from exercising those rights. 

What is confidential information?

Confidential information (Confidential Information) is a broad term that covers information, that is disclosed to another party in business dealings, that is generally not available to the public.  There is no defined category or definition of Confidential Information, rather a variety of criteria must be considered to determine if information should be deemed confidential.

What is a trademark?

In Australia, trademarks are governed by the Trademarks Act 1995 (Cth) and may come in the form of a recognisable sign, design, or expression that identifies a product or service from a particular source and distinguishes it from others.

What is a patent?

The Patent system in Australia is governed under the Patents Act 1990 (Cth) (Patents Act) and is presided over by the government organisation, IP Australia (IP Australia).  To protect an invention in Australia you are required to have it registered by the Patent office at IP Australia with the registration to be renewed on an annual basis.

What are registered designs?

Designs encapsulate the overall appearance of a product and can primarily be protected by copyright.  However, where a three-dimensional design is in industrial or commercial use, copyright protection no longer applies and such designs need to be registered in order to be protected.

Disclaimer
This page contains general commentary only about intellectual property protection.  You should not rely on the commentary as legal advice.  Specific legal advice should be obtained to ascertain how the law applies to your particular circumstances.

Our intellectual property services

  • Drafting commercial contracts to commercialise intellectual property including all sorts of licences;
  • working with intellectual property rich businesses to protect their intellectual property;
  • implementing physical control measures to protect intellectual property;
  • conducting and reporting on intellectual property audits; and
  • advising on commercialisation and transactions involving technology transfer.

Industry expertise

Our intellectual property services are particularly relevant to the following industry sectors:

Why choose Dundas Lawyers® as your Intellectual Property Lawyer?

Having exerted Blood Sweat and Years® since April 2010 we are the team you want on your side to protect your businesses intellectual property.  Some of the reasons clients choose Dundas Lawyers® include:

  • our Uncommon business acumen;
  • our Uncommon expertise in transactional, compliance and litigious matters;
  • our Uncommon expertise in forensic case preparation;
  • our Uncommon customer focus;
  • the fact that we don’t just know law, we know business!
  • how we leverage our Uncommon Nous® to provide client centric solutions.

Considering getting a lawyer to advise your business on IP Issues?

For a confidential, no obligation initial telephone call to find out how we can help your business gain an uncommon advantage in intellectual property protection please phone our team on either 1300 386 529 or 07 3221 0013.


Malcolm Burrows B.Bus.,MBA.,LL.B.,LL.M.,MQLS.
Legal Practice Director
T: +61 7 3221 0013 (preferred)
M: +61 419 726 535
E: mburrows@dundaslawyers.com.au

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Legislation – intellectual property

Recent insights about IP law

  • intellectual property litigation
    Designer wins High Court case over Katy Perry trade mark dispute

    On 11 March 2026, the High Court of Australia (High Court) delivered its judgment in the case of Taylor v Killer Queen, LLC [2026] HCA 5 (Taylor v Killer Queen), ending the seventeen (17) year trade mark dispute between pop star Katy Perry and Australian fashion designer Katie Jane Taylor. In a 3:2 majority decision,…

  • confidential information
    Full Court clarifies confidentiality of supplier and contact info

    On 10 May 2023, the Full Court of the Federal Court of Australia (Full Court) delivered its judgment in the case of New Aim Pty Ltd v Leung [2023] FCAFC 67 (New Aim v Leung), allowing an appeal concerning alleged misuse of confidential supplier information by a former senior employee. The decision provides guidance on:…

  • copyright law
    Proposed changes to copyright for orphan works

    On 5 November 2025, the Copyright Amendment Bill 2025 (Cth)(Bill) was introduced to the Federal Parliament to amend the Copyright Act 1968 (Cth)(Copyright Act).  The media release to the Bill explained that it proposed two (2) reforms to the Copyright Act by establishing Australia’s first statutory “orphan works” scheme and clarifying the permitted use of…

  • copyright law
    Canva – who owns the artwork created by users?

    The general rule about ownership of copyright in a literary or artistic work is that copyright vests in the ‘original author’, as per section 35(2) of the Copyright Act 1968 (Cth) (Copyright Act).  From there, ownership depends on whether or not the original author is doing the work within the scope of their employment, in…

  • intellectual property litigation
    Cross-border licensing – Maxim Media Inc. v Nuclear Enterprises

    The Federal Court decision in Maxim Media Inc. v Nuclear Enterprises Pty Ltd [2024] FCA 1443 involved an interlocutory application seeking injunctive relief by Maxim Media Inc. and Maxim Inc. (together, Maxim) (Applicants) for alleged breaches of sections 18 and 29 of the Competition and Consumer Act 2010 (Cth), passing off and infringement of a…

  • IP Australia follows Madrid Goods and Services list

    From 26 March 2024, IP Australia has implemented the internationally recognised Madrid Goods and Services list (Madrid List), replacing the AU Goods and Services Picklist.[1]  The adoption of the Madrid List comes as Intellectual Property Australia (IP Australia) seeks to align the Australian classification standards with the other intellectual property offices around the world.

  • Intellectual property protection
    The © (copyright) symbol in use

    It is something that is often overlooked, however it is considered best practice to add a copyright statement and the little © symbol (Copyright Statement) on any literary or artistic works (Works) that a business publishes and asserts that it owns.  Under Australian law, the “material form” of all original Works is automatically protected by…

  • Intellectual property protection
    Trade mark classification guidance from IP Australia

    There has been a surge in trade mark applications in the digital space, notably concerning virtual goods, virtual environments such as the metaverse, NFTs, and the blockchain according to observations made by IP Australia.  This article discusses the things to consider when selecting the classification(s) for virtual goods and services when filing an application for…

Recent Federal Court decisions regarding intellectual property (IP)

  • EIS Gmbh v LELO Oceania Pty Ltd (Liability Trial) [2025] FCA 1111

    PATENTS – validity – infringement – standard patent entitled “Pressure Wave Massager” – compression wave massage device for sexual stimulation of the clitoris – construction – meaning of claim which refers to device “when used” in a specified way – whether device must be tested when used in that way – whether results of testing…

  • Southern Cross Industrial Group PL v Mickala Mining Maintenance PL (Liability Trial) [2025] FCA 1363

    PATENTS – construction – invalidity – whether claims 1 and 4 of innovation patent lack novelty – factual dispute concerning public availability – whether lack of innovative step – whether sole director of company authorised infringement of claims – whether sole director is liable as a joint tortfeasor – where claims 1 and 4 found…

  • Pennytel Australia Pty Limited v Engelke [2025] FCA 1384

    CORPORATIONS – whether first and second defendants contravened ss 182 and 183 of the Corporations Act 2001 (Cth) by misusing their position as employees by taking confidential information – whether third defendant was a person involved as an accessory in any contraventions – finding on the facts that no contraventions occurred CONTRACT – whether original…

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